The Supreme Court has issued a notice to the Union Government on a public interest litigation (PIL) filed by Independent Rajya Sabha MP and senior advocate Kapil Sibal challenging the merger exception under the anti-defection law and the interpretation of Paragraph 4 of the Tenth Schedule of the Constitution.
Sibal’s petition questions the constitutional validity and interpretation of the provision that permits legislators to avoid disqualification under certain merger-related circumstances.
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The PIL has been tagged with a special leave petition (SLP) filed by Girish Chodankar, who is seeking the disqualification of the G10 MLAs under the anti-defection law.
By clubbing the two matters, the apex court is expected to examine the broader legal issues surrounding the merger exception and its application in cases involving political defections.
The case is likely to have significant implications for the interpretation of the Tenth Schedule and the enforcement of anti-defection provisions across the country.
